| Case ID |
375283fe-e56b-4d35-9833-af2fb3ebd1c2 |
| Body |
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| Case Number |
Regular First Appeal No. 3 of 2004 |
| Decision Date |
Feb 03, 2014 |
| Hearing Date |
Feb 03, 2014 |
| Decision |
The appeal was dismissed based on the rejection of the plaint by the Trial Court, which found the suit barred under Section 217 of the Customs Act, 1969. The plaintiff, Saeed-ur-Rehman, alleged mental torture and humiliation due to the actions of the respondents, but the court upheld that the right to sue was personal and did not survive after his death. The evidence presented indicated that the Customs officials acted within their duties to investigate the alleged evasion of excise duties by the plaintiff's company. Therefore, the rejection of the plaint was deemed valid and the appeal was dismissed. |
| Summary |
This case revolves around the appeal filed by Saeed-ur-Rehman against the rejection of his plaint by the Trial Court, which ruled that the suit for damages due to alleged mental torture was barred by law under the Customs Act, 1969. The plaintiff claimed that he was wrongfully accused and faced humiliation from the Customs officials who raided his factory based on credible information. The court highlighted the principle that personal rights of action die with the person, thus the appeal could not be continued after the plaintiff's death. This case emphasizes the importance of lawful authority exercised by governmental agencies in performing their duties and the limitations on personal claims in the event of death. It serves as a significant reference for similar cases concerning the maintainability of suits following the demise of the plaintiff and the jurisdictional boundaries established by statutory laws like the Customs Act. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MALIK MANZOOR HUSSAIN, J
|
| Lawyers |
Abdul Latif Afridi,
Moin-ud-Din Hamayun
|
| Petitioners |
SAEEDURREHMAN
|
| Respondents |
CENTRAL BOARD OF REVENUE, through Director GENERAL Intelligence, Islamabad and 2 others
|
| Citations |
2015 SLD 136,
2015 PTD 1190
|
| Other Citations |
A. Majid Sama v. The Asbestos Cement Industry Ltd. 1996 MLD 803,
Mercantile Co-Operative Bank Ltd. v. Messrs Habib and Co. and others PLD 1967 Kar. 755
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Customs Act, 1969
|
| Sections |
O.VII,11,
47,
217
|